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LONDON v. STATE

No. 1004-84.

739 S.W.2d 842 (1987)

David LONDON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 12, 1987.

Attorney(s) appearing for the Case

Fred McLeroy, William H. Alberts, Austin, for appellant.

James L. Chapman, Former Dist. Atty., J. Frank Long, Dist. Atty., and Kevin L. Henry, Asst. Dist. Atty., Sulphur Springs, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

The record reflects that prior to this case going to the jury, the State, through the District Attorney, elected "to go on Count Two of the indictment in Cause Number 10,288." The jury was only charged on that count of the indictment, which was unnumbered. The jury found appellant guilty of that count of the indictment, which alleged in pertinent part as follows:

And the aforesaid...

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